[2017] KEELC 706 (KLR)
The court determined that since the suit arose out of a road accident, it is not within the jurisdiction of the Environment and Land Court. The proper forum for hearing and determination of such matters is the High Court. Accordingly, the matter should be referred to the High Court at Chuka for hearing and...
Source-derived case information.
- Citation
- [2017] KEELC 706 (KLR)
- Parties
- Appellant: Mary Muthoni; Respondent: Andrew Mwirigi Mungania & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 34 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Referral
- Outcome
- Matter referred to the High Court at Chuka for hearing and determination.
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction Transfer, Road Accident Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Muthoni
Appellant
Andrew Mwirigi Mungania & Another
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Referral
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear a road accident claim.
- 2 Whether the matter should be referred to the High Court for hearing and determination.
Ratio Decidendi
The court determined that since the suit arose out of a road accident, it is not within the jurisdiction of the Environment and Land Court. The proper forum for hearing and determination of such matters is the High Court. Accordingly, the matter should be referred to the High Court at Chuka for hearing and determination.
Court Disposition
Matter referred to the High Court at Chuka for hearing and determination.
Orders
- This matter is referred to the High Court at Chuka for hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 34 OF 2017
FORMERLY MERU ELC CIVIL APPEAL NO. 89 OF 2012
MARY MUTHONI..............................................................APPELLANT
VERSUS
ANDREW MWIRIGI MUNGANIA & ANO.................RESPONDENTS
RULING
1. This matter came to court on 7. 12. 2017 for dismissal in terms of Order 42 Rule 35(2) of the Civil Procedure Rules.
2. Advocate Kaimba brought to the attention of the court that the matter was a running down case which should be heard by the High Court.
3. A perusal of the plaint confirmed that the suit arose out of a road accident.
4. In the circumstances, it is ordered that this matter be referred to the High Court at Chuka for hearing and determination.
Delivered in open court at Chuka this 7th day of December, 2017 in the presence of:
CA: Ndegwa
Kaimba for the Appellant
P.M. NJOROGE
JUDGE